Mediation is one of several options for a lower-conflict divorce. People choose to attend mediation with their spouses to have control over divorce outcomes, to minimize conflict and to preserve their privacy. Mediation is a confidential process protected by state statutes. The discussions that spouses have in mediation are private and are not subject to disclosure in court later. Only the agreement that they sign with one another is likely to become part of the public record.
There are many scenarios in which divorcing spouses may decide that the confidentiality of mediation is important for their families. The three scenarios below can make mediation a worthwhile endeavor.
Concerns about children
Parents who divorce often unintentionally cause harm to their children by exposing them to intense conflict. The more that parents fight, the harder the divorce process may be for their children. If the parents can’t resolve their disagreements on their own, in some cases the children may even need to express their preferences regarding time-sharing and living arrangements. That can put a lot of pressure on children. The privacy of mediation helps shield children from the conflict between parents and prevents them from feeling pressured to take one parent’s side over the other’s.
Issues involving misconduct
In scenarios where significant misconduct has occurred, one spouse may feel strongly about addressing their concerns. However, discussing domestic violence, gambling issues or substance abuse in family court can damage the reputation of the other spouse. Mediation provides an environment in which people can explore how various forms of misconduct affected the marriage and may need to influence the divorce. People can address misconduct without airing their dirty laundry in a public venue.
Worries about financial disclosures
Successful professionals and high-profile individuals preparing for divorce may worry about what becomes part of the public record. The more financial disclosures they have to make in court, the more exposure they have. People who want to keep their financial matters private may find that settling divorce matters in mediation is the best option available. Even when spouses do make disclosures to one another, what they explore in mediation does not become part of the public record as it would via formal discovery through the courts in a litigated divorce.
Divorce mediation provides a host of benefits to people in challenging or complex situations. Proposing mediation as an alternative to litigation can lead to an amicable and private solution for divorce issues.
